RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, matter is taken up for final hearing at the stage of ad-mission.

(2.) This is an application preferred by ap-plicants (original accused) seeking quashing and setting aside the proceedings of R.C.C. No. 368/2009 pending before learned Judi-cial Magistrate, First Class, Khultabad aris-ing out of C.R. No. 24/2008 registered with Khultabad Police Station for the offences punishable under sections 498-A, 323, 504, 34 of the Indian Penal Code and also under sections 3 and 4 of Dowry Prohibition Act.

(3.) At the outset, marriage between appli-cant No. 1 Raju Nilaman Ade and complain-ant Sau. Kantabai Raju Ade was solemnised on 27th April, 2000 and thereafter, complain-ant Kantabai went to matrimonial home along with Raju Ade for cohabitation pur-pose. However, since the said complainant Kantabai was allegedly subjected to cruelty and ill-treatment and also since unlawful demand of money was allegedly made to her by applicants, she filed complaint on 16.2.2008 against applicants herein, and accordingly, C.R. No. 24/2008 was registered with Khultabad Police Station under sections 498-A, 323, 504 r/w 34 of the Indian Penal Code. Applicant No. 1 was arrested on 13.3.2008 and later on he was released on bail and other applicants were granted an-ticipatory bail. After completion of investiga-tion, the charge sheet came to be filed against applicants under sections 498-A, 323, 504 r/w 34 of the Indian Penal Code and under sections 3 and 4 of Dowry Prohibition Act. The said case was numbered as R.C.C. No. 368/2009 before learned Judicial Magistrate, First Class, Khultabad. Being aggrieved by the said registration of offence and filing of charge sheet bearing R.C.C. No. 368/2009, applicants (original accused) have preferred the present application requesting to quash and set aside the said C.R. No. 24/2008 and the entire proceedings of R.C.C. No. 368/2009.